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2 c. Replace any damaged plantings and irrigation restoring to existing or improved condition within TCE area. d. After completion of the improvements to Owner’s Property as described in Clause 3 herein, the City has no further obligations for landscape maintenance or repair of such improvements except city-owned utilities and city-maintained facilities. e. The rights of usage of the TCE shall be for a period of 18 months; said period shall commence on July 31, 2024. At least ten (10) business days advance written notice will be given to Owner before work is commenced within the TCE. It is further understood that in no event shall the TCE extend beyond the Project construction completion or December 31, 2025, whichever is earlier, except as provided below. f. In case of unpredictable delays in construction, upon written notification by the City, the terms of the TCE may be extended by an amendment to this Contract. g. In the event Owner sells, conveys or assigns Owner’s land as depicted in Exhibit “A,” Owner shall notify the successor or assigner of the rights and obligations contained in this Contract. Owner shall indemnify and hold the City harmless from any such claims by any third party for any compensation arising from the TCE depicted in Exhibit “A” or the construction of the public improvement project. 4. Owner Warranty to Sign. The undersigned Owner warrants that they are the owners in fee simple of the property affected by this TCE as described in Clause 3 above and that they have the exclusive right to grant this TCE. 5. Title VI Compliance. The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT Non- Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3. Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. 6. Permit to Enter and Construct. Permission is also hereby granted to City, its employees and contractors to enter onto our land, as identified in Exhibit “B,” for non-exclusive use to perform the following work at the City’s sole cost and expense: a. The Area “A” shall be used only for making landscaping improvements for the property and adjacent areas for Chick-fil-A landscaping improvements; b. The Area “B” shall be used for making improvements to the property and will be utilized as laydown or staging area; c. The Area “C” shall be utilized only for sealcoating and striping the parking lot . d. City shall not commence the work within Areas “A,” “B,” & “C” until Owner is given ten (10) business days advance notice. e. Construction of the described in Clause 6 herein is anticipated to be completed within one year from the date the work is commenced. Docusign Envelope ID: 05CC23D1-E69A-4074-ADBE-C79729A68E14